The State Board of Medical Examiners (the Board), in consultation with the Electrologists Advisory Committee (the Committee), is proposing to repeal N.J.A.C. 13:35-12.5, which sets forth the "grandfathering" provisions for licensure as an electrologist without examination. The timeframe established for obtaining a license without examination under the grandfathering provisions of N.J.S.A. 45:9-37.85 of the Electrology Practice Act ended on January 16, 2005. Applicants may no longer qualify for licensure under N.J.A.C. 13:35-12.5. Therefore, the Board is proposing to repeal and reserve this section.

The Board is also proposing clarifying amendments to N.J.A.C. 13:35-12.6 and 12.8, which set forth licensing and application requirements for electrologists. The rules require applicants for licensure to have passed the Certified Professional Electrology (CPE) Examination. The proposed amendments clarify that applicants must take the CPE examination or its successor. The proposed amendments are necessary to make N.J.A.C. 13:35-12.6 and 12.8 consistent with the examination requirements in N.J.A.C. 13:35-12.13, which provide that applicants must take the CPE or its successor examination.

[page=1325] N.J.A.C. 13:35-12.16, which establishes requirements for licensure by credentials and N.J.A.C. 13:35-12.19(d), which establishes requirements for licensees seeking reinstatement from a suspended license, also require passage of the CPE examination. In order to ensure consistency, the Board is also proposing to amend these rules to refer to the CPE examination or its successor.

The Board is also proposing further amendments to the continuing education requirements set forth in N.J.A.C. 13:35-12.19. Currently, N.J.A.C. 13:35-12.19 requires licensees to complete 30 credits of continuing education per biennial renewal period. Twenty credits of the continuing education must be in courses that require personal attendance and 15 credits must be in courses related to universal precautions. Following a review of continuing education courses currently available to licensees by the Committee, the Board has determined that 20 credits of continuing education is sufficient to ensure a licensee's continued competency to practice electrology. The Board continues to believe that a portion of a licensee's continuing education should be obtained in universal precautions and that these credits should be obtained in courses that require personal attendance. The Board, therefore, is proposing to amend N.J.A.C. 13:35-12.19(c) to provide that licensees must obtain 20 credits of continuing education in each biennial renewal period. The proposed amendments provide that six of the required 20 credits must be obtained in courses related to universal precautions. These six credits must be obtained in courses that require personal attendance. The remaining 14 credits must be obtained in courses or other activities directly related to the practice of electrology. At least four of these 14 credits must be obtained in courses that require personal attendance.

The Board is also proposing to amend subsections (h), (i) and (j) of N.J.A.C. 13:35-12.19 which detail the types of activities in which licensees may engage for continuing education credit. Currently, subsections (h), (i) and (j) refer to "correspondence courses, televised, videotaped, teleconference and internet courses." The Board is aware that certain continuing education providers use the terms "correspondence" and "self study" interchangeably. Therefore, the Board is proposing to amend the subsections to provide that licensees may also obtain continuing education credit for self study courses that meet the requirements of the rule.

In addition to these amendments, the Board is proposing various technical amendments to certain provisions in N.J.A.C. 13:35-12.19 in order to correct cross-references and to clarify the existing requirements. In light of the proposed amendments to N.J.A.C. 13:35-12.19(c), which will decrease the number of required continuing education credits from 30 to 20, the Board is also proposing to amend N.J.A.C. 13:35-12.19(d) to provide that licensees seeking reinstatement from a suspended license must complete 10 continuing education credits, instead of the currently required 15 credits, per year up to five years. The Board is also proposing to amend the references in N.J.A.C. 13:35-12.19(e) and (f) to 30 credits of continuing education to refer to 20 credits.

The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the proposed amendments to the continuing education requirements of N.J.A.C. 13:35-12.19 will positively impact licensees by helping to ensure that the education licensees receive is comprehensive and well-rounded, which will also benefit the consumers they serve.

Economic Impact

The Board believes that the proposed amendments to N.J.A.C. 13:35-12.19 may have an economic impact upon licensed electrologists to the extent that licensees may experience a cost savings as a result of being required to obtain 20 credits instead of 30 credits, of continuing education per biennial renewal period.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:9-37.77 et seq., and are not subject to any Federal requirements or standards.

Jobs Impact

The Board does not believe that the proposed amendments will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The proposed amendments will have no impact on the agriculture industry in the State.

Regulatory Flexibility Statement

Currently, the Board licenses approximately 200 electrologists and licenses approximately 125 electrology offices in the State. If Board licensees are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies.

The proposed amendments will not impose any reporting or recordkeeping requirements upon licensed electrologists or licensed electrology offices. The proposed amendments, however, will impose various compliance requirements upon licensed electrologists. These requirements are discussed in the Summary above.

No additional professional services will be needed to comply with the proposed amendments. The costs of compliance with the proposed amendments are discussed in the Economic Impact statement above. The Board believes that the proposed amendments should be uniformly applied to all licensees in order to ensure the health, safety and welfare of the general public in the provision of electrology services. Therefore, no differing compliance requirements for any licensees are provided based upon the size of the business.

Smart Growth Impact

The Board does not believe that the proposed amendments will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Housing Affordability Impact

The proposed amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments concern the practice of electrology.

Smart Growth Development Impact

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern the practice of electrology.

[(a) Upon submission of an application provided by the Board for licensure as an electrologist or electrology instructor and payment of the application fee set forth in N.J.A.C. 13:35-12.22, the Board shall issue, without written examination, a license to any person who applies for licensure by January 15, 2005, is a resident of this State, and:

1. Has completed 120 hours of instruction in electrology and has submitted an official transcript or letter from the school administrator verifying the completion of the electrology instruction and has been actively engaged in the practice of electrology for at least five years immediately preceding the date of application for licensure. For purposes of this paragraph, "actively engaged in the practice of electrology" means that a person has been performing electrology as defined in N.J.A.C. 13:35-12.2 for a minimum of 400 hours per year for each of the five years immediately preceding the date of application. The applicant shall submit a notarized affidavit stating that the applicant has been actively engaged in the practice of electrology for at least five years immediately preceding the date of application; or

2. Presents evidence of having passed the American Electrology Association Certified Professional Electrology (CPE) examination.

vii. Electrolysis, thermolysis, and a blend (a combination of electrolysis and thermolysis);

viii. Epilation techniques;

ix. Practice on all body areas;

x. Aesthetic/cosmetic considerations;

xi. Side effects, tissue injury, and complications;

xii. Treatment records;

xiii. Evaluation of treatment progress;

xiv. Personal hygiene, aseptic techniques; and

xv. Interpersonal skills and client management techniques.

(c) This section shall expire on January 16, 2005.]

13:35-12.6 Licensing requirements for electrologist

(a) To be eligible for licensure as an electrologist, an applicant shall fulfill the following requirements:

1.-4. (No change.)

5. Have passed the Certified Professional Electrology (CPE) Examination or its successor ; and

6. (No change.)

13:35-12.8 Application for license: electrologist

(a) (No change.)

(b) If the applicant meets the requirements of (a) above, the Committee shall advise the applicant that he or she is eligible to take the Certified Professional Electrology (CPE) Examination , or its successor, and the New Jersey Electrology Jurisprudence Examination.

13:35-12.16 Licensure by credentials (comity license)

(a) Any person with a valid registration, certification[,] or license to practice electrology or as an electrology instructor issued by another state or possession of the United States or the District of Columbia shall, upon submission of an application provided by the Committee and payment of a fee as set forth in N.J.A.C. 13:35-12.22, be issued a license to provide electrology services or to act as an electrology instructor, whichever is applicable, provided that:

1. (No change.)

2. The applicant has not previously failed the Certified Professional Electrology (CPE) Examination or the Certified Technical Trainer (CTT) Examination or their successors, required by N.J.A.C. 13:35-12.6 and 12.7;

3.-4. (No change.)

(b) (No change.)

13:35-12.19 Continuing education, programs, standards

(a) A licensed electrologist applying for biennial license renewal shall complete, during the preceding biennial period, continuing education in the continuing education [(CE)] credits specified in [N.J.A.C. 13:35-12.17] (c) below . Licensees during their initial period of licensure are exempt from the continuing education requirements of this [subchapter] section .

(b) Each licensee shall confirm on the application for biennial licensure renewal that he or she has completed the required number of continuing education credits as provided for in [N.J.A.C. 13:35-12.17] (c) below . Falsification of any information submitted with the renewal application may result in penalties and/or license suspension [of the certificate] pursuant to the Uniform Enforcement Act, N.J.S.A. 45:1-21.

(c) Each applicant for a biennial license renewal shall complete during the preceding biennial period [30] 20 credits of continuing education[.] , consistent with the following requirements: [Twenty hours of the continuing education shall be in courses requiring personal attendance and be directly related to the practice of electrology. Fifteen of those 20 hours shall be in courses pertaining to universal precautions. The 10 remaining credits may be earned as provided for in (h) below.]

1. Six credits shall be in courses pertaining to universal precautions. All six credits pertaining to universal precautions shall be in courses that require personal attendance.

2. Fourteen credits shall be in courses and/or other activities directly related to the practice of electrology. At least four of the required 14 credits shall be in courses that require personal attendance. The remaining 10 credits may be obtained in any manner specified in (h) below.

(d) A licensee whose license has been automatically suspended for nonpayment of a biennial renewal fee pursuant to N.J.A.C. 13:35-[12.22] 12.17 and a licensee who seeks to reactivate the license shall submit to the Committee proof of successful completion of [15] 10 continuing education credits per year for up to five years. If the licensee has failed to renew for five years, he or she shall retake the Certified Professional Electrology (CPE) Examination or its successor pursuant to N.J.A.C. 13:35-12.8.

(e) Any continuing education credits earned [which] that are in excess of the [30] 20 credits specified in (c) above during a biennial licensure period shall not be carried forward into the following biennial licensure period.

(h) A licensee may obtain continuing education credits from the following:

1. Successful completion of programs, courses or seminars approved by the Continuing Education Review (CER) Committee of the American Electrology Association or the [Board] Committee pursuant to (i) below. The Committee shall approve only such continuing education programs as are available to all electrologists in this State on a reasonable nondiscriminatory basis. Programs may be held within or out of the State, but shall be held , so as to allow electrologists in all areas of the State to attend. The Committee shall maintain a list of all approved programs, courses and lectures at the Committee office and shall furnish this information to licensees upon request;

2.-4. (No change.)

5. Correspondence, self study, televised, videotaped, teleconference and internet courses related to the practice of electrology with verification by the course provider that the course was monitored and successfully completed by the licensee.

(i) Credit for continuing education shall be granted for each biennial licensure period as follows:

1. A licensee shall receive one continuing education credit for each hour of attendance at programs, courses or seminars approved by the Continuing Education Review (CER) Committee of the American Electrology Association or the Committee. Credit shall not be granted for courses that are less than one instructional hour long. Completion of an entire course is required in order to receive any continuing education credit;